MATRIMONIAL CAUSES (NORTHERN IRELAND) ORDER 1978

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MATRIMONIAL CAUSES (NORTHERN IRELAND) ORDER 1978 - SECT 25



25.(1) On granting a decree of divorce, a decree of nullity of marriage or a
decree of judicial separation or at any time thereafter (whether, in the case
of a decree of divorce or of nullity of marriage, before or after the decree
is made absolute), the court may make any one or more of the following orders,
that is to say

(a)an order that either party to the marriage shall make to the other such
periodical payments, for such term, as may be specified in the order;

(b)an order that either party to the marriage shall secure to the other to the
satisfaction of the court such periodical payments, for such term, as may be
so specified;

(c)an order that either party to the marriage shall pay to the other such lump
sum or sums as may be so specified;

(d)an order that a party to the marriage shall make to such person as may be
specified in the order for the benefit of a child of the family, or to such a
child, such periodical payments, for such term, as may be so specified;

(e)an order that a party to the marriage shall secure to such person as may be
so specified for the benefit of such a child, or to such a child, to the
satisfaction of the court, such periodical payments, for such term, as may be
so specified;

(f)an order that a party to the marriage shall pay to such person as may be so
specified for the benefit of such a child, or to such a child, such lump sum
as may be so specified;

(2) The court may also, subject to those restrictions, make any one or more of
the orders mentioned in paragraph (1)(d), (e) and (f)

(a)in any proceedings for divorce, nullity of marriage or judicial separation,
before granting a decree; and

(b)where any such proceedings are dismissed after the beginning of the trial,
either forthwith or within a reasonable period after the dismissal.

(3) Without prejudice to the generality of paragraph (1)(c) or (f)

(a)an order under this Article that a party to a marriage shall pay a lump sum
to the other party may be made for the purpose of enabling that other party to
meet any liabilities or expenses reasonably incurred by him or her in
maintaining himself or herself or any child of the family before making an
application for an order under this Article in his or her favour;

(b)an order under this Article for the payment of a lump sum to or for the
benefit of a child of the family may be made for the purpose of enabling any
liabilities or expenses reasonably incurred by or for the benefit of that
child before the making of an application for an order under this Article in
his favour to be met; and

(c)an order under this Article for the payment of a lump sum may provide for
the payment of that sum by instalments of such amount as may be specified in
the order and may require the payment of the instalments to be secured to the
satisfaction of the court.

(4) The power of the court under paragraph (1) or (2)(a) to make an order in
favour of a child of the family shall be exercisable from time to time; and
where the court makes an order in favour of a child under paragraph (2)(b), it
may from time to time, subject to the restrictions mentioned in paragraph (1),
make a further order in his favour of any of the kinds mentioned in paragraph
(1)(d), (e) or (f).

(5) Without prejudice to the power to give a direction under Article 32 for
the settlement of an instrument by conveyancing counsel, where an order is
made under paragraph (1)(a), (b) or (c) on or after granting a decree of
divorce or nullity of marriage, neither the order nor any settlement made in
pursuance of the order shall take effect unless the decree has been made
absolute.

(6) Where the court makes an order under any provision of paragraph (1), (2)
or (4) it may give such consequential directions as it thinks fit for giving
effect to the order (including directions requiring the disposal of any
property).

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Northern Irish Legislation

MATRIMONIAL CAUSES (NORTHERN IRELAND) ORDER 1978 - SECT 25